Grounds for Refund

(1) The veteran’s agent shall mark a case for “Refund” when the veterans’ agent determines that there has been fraud or deceit or the recipient fails to, or is unwilling to, honor personal agreements to reimburse pursuant to 108 CMR 6.04(5). (2) The veterans’ agent shall send the applicant or recipient a Notice of Action which terminates benefits, places the applicant or recipient in Refund and states the amount of money for which he or she is in Refund. The veterans’ agent shall also send the applicant or recipient a Waiver Advice Form, as prescribed by the Secretary, advising him or her of the right to request a waiver within 14 days of the Notice of Action in whole or in part, on the basis of demonstrated hardship. (3) Within ten days of receipt, the veterans’ agent shall review the applicant or recipient’s waiver request along with any supporting documents, within ten daysof the waiver request, the veterans' agent shallsend it to his or her Authorizer on a Form VS-21A with a recommendation for either grantingor denying the waiver. (a) If the waiver has been denied, the veterans’ agent must inform the applicant or recipient in another Notice of Action that he or she may appeal said denial within 21 days to the DVS hearing officer. (b) Benefits shall cease upon receipt of the waiver request. (4) If the applicant or recipient elects to forego a waiver request and chooses instead to appeal the Refund, or the amount of Refund in accordance with 8.06(1), then benefits shall continue until a hearing is held and a written decision is issued. (5) Refund status shall be removed either upon repayment of the total amount due to the local veterans’ services department or upon execution of satisfactory agreement for repayment in accordance with 108 CMR 8.06(2) or if a request for waiver is approved by the Secretary. (6) The effective date of the Refund is the date the recipient receives the Notice ofActionthat he or she is in Refund status. Benefits shall continue until the time for filing the appeal has elapsed, that is within 21 days of receipt of the Notice of Action, as required by 108 CMR 8.04(1) provided the recipient continues to meet all other requirements of eligibility.